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DIECKHAUS v. TWENTIETH CENTURY-FOX FILM CORPORATION

No. 904.

54 F.Supp. 425 (1944)

DIECKHAUS v. TWENTIETH CENTURY-FOX FILM CORPORATION.

District Court, E. D. Missouri, E. D.

March 4, 1944.

Attorney(s) appearing for the Case

J. Porter Henry and Robert D. Evans, both of St. Louis, Mo., for plaintiff.

Boyle & Priest, of St. Louis, Mo., and Edwin P. Kilroe, of New York City, for defendant.

MOORE, District Judge.

Plaintiff bases her cause of action on an alleged pirating of portions of her unpublished novel entitled "Love Girl" by defendant in production of the movie "Alexander's Ragtime Band". No statutory copyright was issued on plaintiff's novel, but she claims to have preserved her exclusive property in her work according to common-law principles, that is, by not publishing the book. Plaintiff completed her novel sometime prior to the year 1934 and...

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